CompFox AI Summary
The Appeals Board, in an en banc decision, addressed the replacement of a Qualified Medical Evaluator (QME) when unable to schedule a re-evaluation within 120 days. It clarified that while Administrative Director Rules provide guidance, the Appeals Board retains discretionary power to order QME replacement for good cause, based on factors like delay, prejudice, and efforts to remedy unavailability. The Board granted the applicant's petition for reconsideration, rescinded the prior Findings and Order by the WCJ, and returned the matter for further proceedings, applying its new interpretation prospectively.
Full Decision Text1 Pages
The Appeals Board, in an en banc decision, addressed the replacement of a Qualified Medical Evaluator (QME) when unable to schedule a re-evaluation within 120 days. It clarified that while Administrative Director Rules provide guidance, the Appeals Board retains discretionary power to order QME replacement for good cause, based on factors like delay, prejudice, and efforts to remedy unavailability. The Board granted the applicant's petition for reconsideration, rescinded the prior Findings and Order by the WCJ, and returned the matter for further proceedings, applying its new interpretation prospectively.
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